If you and your spouse have separated for a period of at least 12 months, then you are eligible to apply for divorce.
Once the Federal Circuit and Family Court of Australia (“the Court”) have determined the application and granted the divorce it is important to understand that the divorce will come into effect 1 month and 1 day after the date the divorce is granted. From that point forward you will no longer be married to your former spouse.
However, what if during that 1 month and 1 day before the divorce is finalised, you and your spouse reconcile, and you now want to remain married to each other?
Is it possible to stop the divorce from taking effect?
The answer is yes.
Section 57 of the Family Law Act 1975 (Cth) provides that the Court can rescind (meaning cancel) the divorce order from taking effect before it becomes final if the parties have reconciled and resumed the relationship.
In order to do so, both parties must jointly apply before the divorce order comes into effect being within the 1 month and 1 day of the application being originally determined.
In support of the application to rescind, the parties will also need to provide supporting evidence to demonstrate what has occurred since making the application for divorce which has led to this reconciliation and providing the parties’ express wishes to remain married.
If you find yourself in these circumstances, having an experienced family lawyer will ensure that your supporting evidence and affidavits are swiftly prepared with the required level of expertise to convey your express wishes to the Court.
It is also important that you obtain advice in relation to the potential consequences of rescinding a divorce, including any effects on an earlier family law property settlement and your estate planning.
To find out more, contact one of our experienced and friendly solicitors at Family Focus Legal by phoning (02) 4655 4224 or by starting a live chat today.
